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Tips for Representing Yourself

Do You Need a Lawyer? How Do You Represent Yourself?

You may or may not be legally appointed a lawyer depending on your case. In criminal cases, the court may appoint a lawyer for you if you cannot afford one. However, in certain civil cases, you may not have the right to a court-appointed lawyer and might need to represent yourself (also called pro se).

While some people choose to handle their own case because they feel confident in doing so, self-representation (also called pro se) isn’t always the best option. Here are resources to help you decide whether to hire a lawyer plus some tips to support you if you choose to represent yourself.

You may need a lawyer if:

  • You have a case that is, or may become complicated.
  • You want legal advice.
  • You want to discuss strategies for your case such as where to file, what to file, and other decisions.
  • You want a confidential lawyer-client relationship.
  • You are worried that the other side might not be fair and want a lawyer's expertise.
  • You will have a jury trial, which involves complex decisions about selecting the jury and presenting your case effectively to them.
  • You are too emotionally close to the case and have a hard time seeing things objectively.
Find Resources or Information on Lawyers

You may not need a lawyer if:

  • Your case is straightforward and there is no opposing side, like in a petition to change your name, or if you are in agreement with the other side, like a guardianship that everyone has agreed upon.
  • You understand your options and can make informed choices about your case.
  • You are willing to learn and understand the laws, rules and procedures that apply to your case.
  • You can spend the time to prepare for your case.
  • You can follow written instructions and work on your own.

 

Learn to Represent Yourself in Front of a Judge

Guidelines for Communicating with the Court:

  • Neither the clerk’s office nor the judge can provide you with legal advice.
  • Rules prohibit the judge from talking to you about your case outside of the court proceedings. This is sometimes called “ex parte communication.” You cannot simply “talk to the judge” (on the phone, in person or via email) and have a private conservation with them. You must file a motion, schedule a hearing, and provide the other party with notice and opportunity to be heard before the judge as well.

Seven Tips When Representing Yourself in Court

  1. Make a good impression.
    If you dress appropriately, it tells the judge that you respect the courtroom and care about your case.

  2. Be respectful.
    Be respectful to everyone in the court, including the other side—and don't argue with the judge. Do not interrupt anyone while they are speaking, and do not make attacks on the other side. Try to stay calm. Explain your side briefly and clearly.

  3. Know what to ask.
    You can ask court officials for information about the process and what type of information to put on the forms. But remember, court employees cannot tell you what to write on the forms or what to say at the hearing.

  4. Arrive early.
    Arrive early. Most judges like to start on time. Give yourself plenty of time to get checked in, find the correct room, and collect yourself. Some cases take longer than expected, so be prepared to wait.

  5. Tell your story.
    Tell the judge in a few brief sentences what your case is about and how you plan to prove the facts of your case. Some lawyers call this an opening statement.

  6. Come prepared.
    Bring the original document and at least two copies of any evidence you plan to present. Write out the questions you plan to ask and go over them with your witness before the hearing. Have a clear plan of what you plan to say and the order you plan to say it. You may even want to watch other cases in the courtroom to learn where parties sit, how to explain your case, and what the processes and procedures are.

  7. Use a lawyer if you need help.
    Most important of all, you can use a lawyer if you need help. You may start this case on your own, but later realize that you need the help of a lawyer. You can hire a lawyer at any time during the court process.

Related Topics

Small Claims

Small claims court is an informal court that allows people to sue for small losses of money or property. An individual can file and handle their own claim in court.

Preparing for Court

This guide is for people who already have a legal dispute that is being decided by a court or at an agency hearing and do not have a lawyer.

Subpoena

Subpoenas are used to obtain information from people who are not involved in a case, such as business records. They are issued by the court with court-imposed deadlines.